SHORT BY SOUTHERLAND v. ESTWING MFG.

No. 27A05-9302-CV-40.

634 N.E.2d 798 (1994)

Johnny SHORT, BY Next Friend Helen SOUTHERLAND, Samuel Southerland, Appellants-Plaintiffs, v. ESTWING MFG. Corporation, Appellee-Defendant.

Court of Appeals of Indiana, Fifth District.

Transfer Denied November 3, 1994.


Attorney(s) appearing for the Case

Steven C. Smith, A Professional Corp., Steven C. Smith, Patrick R. Ragains, Anderson, for appellants-plaintiffs.

Michael R. Morow, Stephenson and Kurnik, Indianapolis, for appellee-defendant.


RUCKER, Judge.

When eight-year-old Johnny Short struck a rock with the claw end of a nail hammer, a piece of the hammer broke loose and struck him in the eye causing serious injury. Based on theories of negligence and products liability Johnny's parents sued the company that manufactured the hammer. The company filed a motion for summary judgment which the trial court granted. Appellant Johnny Short by next friends Helen...

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